82R3704 TJB-D
By:
Zerwas
H.B. No. 792
A BILL TO BE ENTITLED
AN ACT
relating to the notice requirements for and effective date of a
service plan filed by the Department of Family and Protective
Services with regard to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.
Section 263.102, Family Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1)
must
Unless otherwise ordered by a court, a service plan
include
the
following
statement
prominently
displayed
immediately above each parent's signature in at least 12-point type
that is boldfaced and capitalized:
THIS SERVICE PLAN IS NOT MANDATORY.
THIS SERVICE PLAN IS
MERELY A RECOMMENDATION BY THE DEPARTMENT OF FAMILY AND PROTECTIVE
SERVICES.
YOU ARE NOT REQUIRED TO SIGN IT.
ALTHOUGH YOU MAY SIGN
IT IF YOU DESIRE, THE FULFILLMENT OF THE REQUIREMENTS OF THIS
SERVICE PLAN WILL NOT NECESSARILY ASSURE THE RETURN OF YOUR CHILD.
YOUR REFUSAL TO SIGN THIS SERVICE PLAN IS NOT AN ADMISSION OF
CHILD ABUSE OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU
AS AN ADMISSION OF CHILD ABUSE OR NEGLECT.
A VIOLATION OF THIS
SERVICE PLAN CANNOT BE USED AS GROUNDS FOR TERMINATION OF YOUR
PARENTAL RIGHTS AND DUTIES.
YOU HAVE THE RIGHT TO CONSULT AN
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H.B. No. 792
ATTORNEY BEFORE SIGNING THIS SERVICE PLAN.
SECTION 2.
Sections 263.103(a), (c), and (d), Family Code,
are amended to read as follows:
(a)
Before the service plan is signed, the child's parents
and the representative of the department or other agency shall
discuss each term and condition of the plan.
The representative
shall inform the child's parents that compliance with the service
plan is voluntary.
(c)
If the department or other authorized agency determines
that the child's parents are unable or unwilling to sign the
service plan, a parent or the department may file a motion for a
hearing to approve the plan.
The court may accept or modify the
plan based on the testimony of the parties [without the parents'
signatures].
(d)
The plan takes effect when:
(1)
the
child's
parents
and
the
appropriate
representative of the department or other authorized agency sign
the plan; or
(2)
if the child's parents refuse to sign the plan, the
court approves the plan
[the department or other authorized agency
files the plan without the parents' signatures].
SECTION 3.
Section 263.104, Family Code, is amended by adding
Subsection (a-1) and amending Subsection (b) to read as follows:
(a-1)
If the department or other authorized agency determines
that the child's parents are unable or unwilling to sign the
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H.B. No. 792
amended service plan, a parent or the department may file a motion
for a hearing to approve the amended service plan.
The court may
accept or modify the amended service plan based on the testimony of
the parties.
(b)
The amended service plan supersedes the previously filed
service plan and takes effect when:
(1)
the
child's
parents
and
the
appropriate
representative of the department or other authorized agency sign
the plan;
or
(2)
if the child's parents refuse to sign the plan, the
court approves the plan
[the department or other authorized agency
determines that the child's parents are unable or unwilling to sign
the amended plan and files it without the parents' signatures].
SECTION 4.
Section 264.751(1), Family Code, is amended to
read as follows:
(1)
"Designated caregiver" means an individual [who has
a longstanding and significant relationship with a child for whom
the department has been appointed managing conservator and] who:
(A)
is appointed to provide substitute care for
a
[the] child for whom the department has been appointed managing
conservator, but is not licensed by the department or verified by a
licensed child-placing agency or the department to operate a foster
home, foster group home, agency foster home, or agency foster group
home under Chapter 42, Human Resources Code; or
(B)
is subsequently appointed permanent managing
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H.B. No. 792
conservator of the child after providing the care described by
Paragraph (A).
SECTION 5.
Section 264.752, Family Code, is amended by adding
Subsection (d) to read as follows:
(d)
There is a rebuttable presumption that placing a child in
the care of a person designated by the parent or other person
having legal custody of the child is in the best interest of the
child.
SECTION 6.
Section 264.753, Family Code, is amended to read
as follows:
Sec. 264.753.
EXPEDITED PLACEMENT.
The department or other
authorized entity shall expedite the completion of the background
and criminal history check[, the home study,] and any other
administrative procedure to ensure that the child is placed with a
qualified relative or caregiver as soon as possible after the date
the caregiver is identified.
SECTION 7.
Section 264.754, Family Code, is amended to read
as follows:
Sec. 264.754.
INVESTIGATION OF [PROPOSED] PLACEMENT OF CHILD
WITH RELATIVE OR DESIGNATED CAREGIVER.
After [Before] placing a
child with a proposed relative or other designated caregiver, the
department may [must] conduct a comprehensive [an] investigation,
including
a
home
study,
to
determine
whether
the
[proposed]
placement provides a safe environment for the child [is in the
child's best interest].
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SECTION 8.
H.B. No. 792
The changes in law made by this Act to Sections
263.102, 263.103, and 263.104, Family Code, apply only to a service
plan filed by the Department of Family and Protective Services and
submitted to a child's parent on or after the effective date of
this Act. A service plan filed by the department and submitted to a
child's parent before the effective date of this Act is governed by
the law in effect on the date the service plan was filed, and the
former law is continued in effect for that purpose.
SECTION 9.
The changes in law made by this Act to Sections
264.751, 264.752, 264.753, and 264.754, Family Code, apply only to
an investigation of a report of child abuse or neglect that is made
on or after the effective date of this Act. A report that is made
before the effective date of this Act is governed by the law in
effect on the date the report was made, and the former law is
continued in effect for that purpose.
SECTION 10.
This Act takes effect September 1, 2011.
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